Alabama DUI

If you’ve been stopped for an Alabama DUI, you’ll face both a criminal case and a completely separate potential driver’s license revocation case.

Alabama DUI charges can usually be prosecuted in two separate ways. The first is charges brought against someone who is under the influence of alcohol or drugs. The second way an Alabama DUI arrest can be made is based on violation of Alabama’s per se laws, making it a crime to drive with a blood alcohol level of .08% or higher.

Alabama is what’s termed an “actual physical control” state, which means that under Alabama DUI laws, this is the exclusive physical power and present ability a person has to potentially operate a motor vehicle while impaired. That can mean just physically being in a car while intoxicated even if you are not driving the vehicle may be enough for a Alabama DUI arrest.

The penalty you’ll receive pending an Alabama DUI conviction will range based on the number of prior DUI convictions you may have. This will help determine whether or not the offense will be a misdemeanor or a felony.

Alabama DUI laws only allow you 10 days to make a request to save your Alabama drivers license, and this is most commonly done by an experienced Alabama DUI defense attorney you have hired.

(1) There is 0.08 percent or more by weight of alcohol in his or her
blood;

(2) Under the influence of alcohol;

(3) Under the influence of a controlled substance to a degree which
renders him or her incapable of safely driving;

(4) Under the combined influence of alcohol and a controlled substance
to a degree which renders him or her incapable of safely driving;

or

(5) Under the influence of any substance which impairs the mental or
physical faculties of such person to a degree which renders him or her
incapable of safely driving.

A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood.

The Department of Public Safety shall suspend or revoke the driver’s license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection.

Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between .02 and .08, the person’s driver’s license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts, law enforcement agencies, and the person’s employer, by any entity or person of any information, documents, or records relating to the person’s arrest, conviction, or adjudication of or finding of delinquency based on this subsection.

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